Elizabeth Rader's blog

Here is the opening brief of Petitioners/Intervenors Beethoven.com, InetProgramming Incorporated, Internet Radio Hawaii, WhereverRadio and Intervenor Educational Information Corporation, which I co-wrote with the amazing David Kushner of Brooks, Pierce, McLendon, Humphrey & Leonard. I'm really proud of this brief.Download fileRead more » about Small Webcasters Appeal Brief

Open Source Yoga Unity's suit for declaratory judgment against Bikram Choudhury has been moving along full speed ahead with discovery on the issue of subject matter jurisdiction. But Bikram's lawyers, Akin Gump, postponed their deposition of OSYU three times in a row, most recently the day before it was to take place, on the grounds that they were very busy. Read more » about Fresh Horses

If you've been following the Peter Pan case, well, you have been very bored. It has taken almost an entire year to get the case served in conformity with the Hague Convention. During this time I decided it should be difficult to serve a foreign resident. You should have to think twice before dragging someone from a foreign country into your court, and vice versa. Litigation is frequently abused, and it is expensive. But service shouldn't take this long. Read more » about Peter Pan Wakes Up

This case is waiting for the Judge to rule on the Government's Motion to Dismiss the First Amended Complaint. The motion was fully briefed as of mid-June, 2003 so apparently the Court is taking its time to read, understand and evaluate both side's arguments. When we get a ruling, we will update the site. Read more » about No News is No News

The Department of Justice filed the brief of the Librarian of Congress, responding to all petitioners (copyright owners and copyright users) on or around December 29, 2003.Unfortunately my dear friends did not send me a PDF of their extremely long brief, so it isn't up here. Reply briefs are due February 12, 2004. Elizabeth is working on the small webcasters-WCPE brief with David Kushner of the Brooks Pierce law firm. No oral argument has been scheduled yet. Read more » about Government's Brief Filed December 29, 03

We've learned that the Central Authority in London, England succeeded in serving defendant Great Ormond Street Hospital on January 10, 2004 (only about one year after we filed the original Complaint). The Central Authority still needs to certify that the requirements of the Hague Convention are met but that is mere housekeeping. Thanks to John Talbot of Talbot's Investigations for following up on the service saga. By agreement GOSH will file its response 7 days before the last date to file the joint case management conference statement. Read more » about Hague Convention Service Completed

Catching up on the New York Times online, I found this article from 12/26 about the diversity of music available on satellite radio, compared to the narrowing choices on terrestrial radio. While the article is about satellite radio and especially Sirius, the same points could be made about Internet radio. Read more » about celestial radio

Our offices are closing (just for the break) but I did not want to leave without reading the Second Circuit's opinion in Padilla v. Rumsfeld, holding that the President lacks the authority to order a U.S. Citizen, arrested on U.S. soil unarmed, held indefinitely as an enemy combatant in the Brig. This case was very troubling because the Solicitor General argued that just by using the magic words "enemy combatant" and making accusations, the President can abrogate an American citizen's right to due process and right to counsel. Read more » about Third Branch Takes on Second Bush...

Pennie & Edmonds, one of the biggest intellectual property firms in New York, announced today that it will be closing its doors New Year's Eve. Many lawyers will go to Jones Day. Many staff will be pounding the pavement. Read more » about Pennie feels the Pinch

Thanks to some Swedish guy on Greplaw for that expression but this is a new level of chutzpah.From Derek Slater...Johns Hopkins University never got a C&D letter from Diebold and is aware that Diebold agreed to withdraw its letters when challenged, but JHU is still blocking access to Diebold documents stating that the University "cannot allow its resources to be used in violation of copyright law, whether or not the holder of the copyright (in this case Diebold) plans to prosecute." Read more » about goodbye, ears...now I've heard everything

Listening to NPR this weekend I caught an interview with an artist who has just created a new pop-up book of Alice in Wonderland. I thought this was a fine illustration (groan) that works in the public domain inspire more creativity. A book isn't commercially worthless just because no one person has exclusive rights to use it. Read more » about Curiouser and curiouser

Here's a nice article by Melissa Dribben from the Philadelphia Enquirer about Bikram Choudhury, Bikram yoga and Open Source Yoga Unity's case. The current Yoga Journal also has a full length feature piece.Do you have a copy of an article about Bikram yoga that I haven't seen? Please snail mail a copy to me atCyberlaw Clinic559 Nathan Abbott WayStanford, CA 94305Thanks and Namaste.... Read more » about I have a Bentley that color!